Immigration Law

CA9 on CIMT, Identity Theft: Linares-Gonzalez v. Lynch

Linares-Gonzalez v. Lynch, Mar. 21, 2016 - Court Staff Summary: "The panel granted Reyes Linares-Gonzales’ and Maribel Preciado’s petitions for review of the Board of Immigration Appeals’ orders finding them ineligible for cancellation of removal in part because their convictions for identity theft under California Penal Code §§ 530.5(a) and (d)(2) were categorical crimes involving moral turpitude. The panel held that the BIA erred in finding petitioners’ convictions categorical crimes involving moral turpitude, because violations of CPC §§ 530.5(a) and (d)(2) do not constitute fraud-based crimes; and nor do they necessarily involve vile, base, or depraved conduct. The panel remanded for further proceedings on an open record regarding whether petitioners meet the requirements for discretionary relief."  [Hats off to Elsa Martinez, Maria Teresa Delgado, Rosana Kit Wai Cheung and Jamie Lefkowitz!]